closing down shop. let us know what you thought about tonight's show. there is an open thread, gretawire.com, good night from washington. >> greg: hello, i'm greg gutfeld with andrea tantaros, bob beckel, eric bolling, dana perino. it's 5:00 in new york city. this is "the five." ♪ ♪ so in times of tragedy, i know that opinions or facts don't help the suffering. saying gun violence dropped over 40 years or schools are safer than ever, that means very it will to people in shock. it's just noise. to me, it's like gun free zones. it sounds great but only in media who works in gun protected zones. fort hood, the dead weren't children but they were

warriors, killed in a gun free zone in army base. you think the coward hasan didn't know that. evil seeks the vulnerable. so why can't a school be protected as 30 rock? is a talking head more valuable than a child? what do i know? i'm a talking head. i know nothing. as rare as the horrible events are, evil will always be. addressing mental health issues help, as we feel as the evil. each creep has the same m.o. but we report it like it's new. maybe it's time to ponder instead of pontificate. nobody is listening. they heard it before. tragically, we hear it all again.

so this seems like we repsychothe same argument when this happens. is it going to be us versus them? >> this one might be different. i think that the innocence of the lives taken, the young tenderness of the age made people think what can we do? aside from some places where the talk is only about gun control, there has been a sense of anxiety about what we are not doing to help provide for families that have a loved one that is mentally ill and needs serious help before they do harm to nobody else. this one could be different. there might be something we can do. to help prevent it from happening again. >> it seems like we are talking about different variables to mental health issues to school security, to

gun control previously we only focused on gun control. does it mean there is progress? >> andrea: i don't know. as hopeful that i am that dana is right it seems we have one side shouting their point. the other side shouting their point. you comedians making fun of one side, usually con seventives for trying to defend their point. there should be a waiting period. there needs to be time before everybody jumps up and down about this. song is there to do a lot of things. not just handle the fiscal cliff. this is an opportunity for congress. it never happens. someone says this is a great opportunity to talk about mental illness, then we move to gun control. i hope this time, i know it's christmas time but i hope weeks following up to the new year people will start to have a discussion.

listen, not yell at the other side. >> greg: you talk about guns, mental illness and alcoholism, and how there should be a screening. do you think because we use general illness the topic generally that it spreads so thin we don't catch the people that need help? >> in this instance, the topic of mental health has been more prevalent than before. gun control, i am one that pushed that hard. but the mental health question is serious and real. we know that the funds are cut back in the state. local and the federal level for that. they be part and parcel. this is a time people start to raise questions about the video games and the way people communicate. so maybe this is a broader conversation. how that is tang seasonable something i have a hard time figuring that out.

>> greg: everybody does. what do you make of this? i look at this and there is one linkage to the catastrophe as they get more and more gruesome, they build up on each other. they tend to involve the loners. i mean, you know, i don't like talking about them because to me, they are losers. but we cannot avoid that. >> eric: made the point last night. not going to mention the guy's name. call him the shooter. made a point last night, i said i don't think this is the time or the place for the gun discussion. this is a whole host of things. mental health, video games. the culture around what the children are brought, the way the children are brought up that the violence is okay. blow away people or do it on tv or a video game, it's religion. breakdown of the family value. nuclear family. a host of things there. has to be meaningful discussion, not all of it including guns, i just can't do it right now.

two more burials going on today. when we are through with these things and it's time to move on to the discussion. bob and i and you, the left will have a massive discussion over what is right. whether the second amendment should stay intact. >> bob: one thing we agree on is the schools could use protection. if you put one policeman on every school, $56,000 on average to put them in there, where do the resources come from? >> eric: i brought this up last night. we protect money. bank pros text the money -- protect money more than the children. it can't be a federal source, because if you put federal agents in the school, it looks bad. they will say why are you doing this? president obama why are you doing this? it has to be the state level. news today, governor donald in

virginia said he is looking in to the state level putting social training officer at the schools. that is the way to go. >> greg: freedom costs money. for our freedom, you know, we have to -- at the state and local level it's worth it. >> andrea: we did it enplanes after 9/11. there was talk about secret air marshalls. this school was extremely secure and you had to be buzzed in when you got in. a lot of schools have metal detectors. i do hope that maybe the discussion on mental illness is less stigmatizing. you read blogs about i am shooter's mother. did he have asperger. was he on the autism spectrum? whatever the case, there mother knew there was something wrong. he was burning himself. put yourself in the shoes of that money. very stigmatizing for her and the shooter. to handle that. no mother wants to rat out her

son. >> andrea: there are events, not specifically these things like the aurora, colorado thing, that the law enforcement hate to discuss for fear of copycat. suicidal events they don't bring up because it fosters suicidal thoughts in other kids. are we culpable that we delve in details of what the person is, when we shouldn't. >> there is a good point about not naming the shooter. people said don't glorify it. he's gone, so it doesn't help him but could it help someone with the tendency or feeling about to snap to think this could be my one shot at glory. even if they are not there to

see it. so i don't know how we don't cover the story. tough balance. >> bob: about the mother, some facts we know. she used guns she owned that were registered to her. he shot his mother and guns were available to him in the house. if you know you have someone disturbed as she did know, why have guns available to him in the house? >> bob: a terrible gun -- >> greg: she was a terrible gun owner. >> eric: like timothy mcveigh who blew up the truck with fertilizer. >> andrea: i don't want to blame the mother because maybe he showed no signs of the actual violence, maybe against himself. probably the furthest thought

from her mind he would go to the gun closet and shoot somebody. >> the police officers want to unvalve the story. families deserve it. they want answers. so just as in the colorado shooting found out more about it. one of the keys so that is people who knew him, that we were worried about something happening. >> there is always -->> -- >> dana: i haven't heard that about this one. the community made a wide berth around the community and they were alone. not that the community was bad. but it doesn't happen in life you try to avoid the situations that are uncomfortable. not a lot of social intersection. >> greg: we have to take a break. coming up, john boehner and president obama may be closed to a deal on the fiscal cliff. i can't believe i'm relieved to hear that word. that debate is ahead on "the five." ♪

♪

>> andrea: house speaker boehner and president obama working to reach a deal to stop across the board tax increases and spending cut at the first of the year. today, speaker boehner proposed a backup plan. >> i think we all know that every income tax in america will pay a higher rate in january 1 unless congress ac acts. so i believe it's important to protect as many american taxpayers as we can. our plan "b," would protect the american taxpayers who make $1 million or less. have all the current rates extended. >> andrea: well, the white house promptly rejected it. >> the alternative here if you think about it with the so-called plan "b" it makes no

sense. historic opportunity here to do something that has been set as a goal to reach bipartisan compromise on significant deficit reduction on the order of $4 trillion. talk all the pieces of it and put them together. we are close to being able to achieve that. president demonstrated with obvious willingness to compromise and to move more than halfway. >> andrea: i have to go to you first, dana because you heard the words "obviously." >> dana: obviously. obvious terrorism. it's obvious! obvious. if they think that it's obvious -- i do think they overestimate how much the american people are willing to wait on this. speaker boehner has basically walked all the way over to their side and handed them the deal they asked for. speaker boehner is taking political hits to get the

republicans to come with him. i don't understand why the white house wouldn't pocket this thing and say thank you very much. maybe they ask for one of the things but i'll tell you why. when pelosi and hoyer said the plan "b" was a genentechal ploy. it was the democratic talking point that went out to everyone and everybody had to use it, they are masking the real problem. that he cannot deliver democrats on the reduction of spending. the p.r. front. the democrats make republicans look like the bad guy when president obama can't deliver his own party. >> bob: not clear boehner can deliver republicans on this. >> dana: but doesn't obama have a responseability to bring democrats? >> bob: he does. boehner does as well. boehner says $1 million. it will end up in between the figures. if you take in account what

boehner said about cutting, what he said about cutting the tax loopholes and the savings on medicare and medicaid, the total package of the savings, $4.6 trillion. the president of the united states wasn't cut is $4 $4.6 trillion. >> andrea: you said something off-camera to me. you said if they get support for the tax nation, the democrats have a problem on their hand. >> eric: why wouldn't? they proposed $1 million. i think there was 50 something democrats who said yeah, a couple held out but yeah. moving to 2010. now no way will it fly. >> bob: it's negotiating ploy on everybody's part. i don't think boehner think he is will get away with $1 billion. it will be lower than that. they can't take --

>> eric: how democrats bring it to republicans to say do this and make it $1 million. >> eric: we move the goalpost again. the stock market knows you will get a deal. because it's eminnocent. but you get a bad deal for everyone. >> andrea: the republicans meet behind closed doors. is he boehner darker tan? >> greg: it's supposed to be spending, not taxes. losing on this so this reminds me of 1960 sitcom argument between a married couple. boehner is a sensible long suffering husband trying to tighten the purse strings. and obama is lucy ricardo.

appreciates spending because it's fun, fun, fun. doesn't get the savings. perhaps episode of green acres. talking big is paul krugman. >> eric: the plan that boehner offered -- this is huge. said you know what? we will put up the debt ceiling debate for two years. that means the republicans, it has to go through the house, spending bill come through the house. approved. the house has to approve the debt ceiling inces. they said they put it off for two years. he gave president obama the best gift. the best deal they could do. a lot of people on the right think he gave them -- >> bob: wait, wait, wait. this is not the pelosi-schumer proposal. what he is not saying that the republicans will keep in capital gains tax cuts for everybody. not dealt with any of the other tax issues involved in that bill. he said $1 million. that is it. everything else stays the same. except for people over $1 million. >> eric: schumer had capital gains rate low.

schumer deal. >> bob: i don't care what schumer did. >> andrea: this is a p.r. nightmare for boehner. we have great reporting from chad pergram who said they might bring this to the deal on thursday, put him on record. then they would only have to vote for extending middle class tax rates. this sneaky. >> they should be mad on spending from both sides. double triple counting. it's unclear. this is a huge opportunity for america to change course with major tax reform. major entitlement reform. that is the point, the whole point of the fiscal cliff to push them to try to do something on entitlement reform. what are we getting?

zero on that. >> bob: we are getting boehner plan "b" that takes the bush legislation to put it in effect -- >> dana: that is not what the fiscal cliff was about. >> bob: i understand that. >> dana: that is what i'm saying it's a huge missed opportunity. we are going to get the tinkering. perhaps maybe more permanency. the stock market will be happy for six months. the mid-terms becomes harder. boehner did a good job. they think he screwed up but i'd like them to navigate the water. >> andrea: come to the table -- i have give you credit. you have come to the table with real offerings up. the democrats don't have the political appetite to touch the entitlement. the president concedeed nothing? >> up to $400,000.

>> bob: can he sell the entitlement cuts to the ku cuss? he couldn't. the boehner had $600,000 and entitlement reform, yes, he could. >> this does not get us a deficit reduction. if this is how they want to play the game, by missing a huge opportunity, all right. you know who loses? >> andrea: we do. >> yes. >> a marine who served in iraq and afghanistan is languishing in one of the most dangerous prisons in mexico on trumped up charges. so why isn't the u.s. government stepping in eric has that story up next. ♪ ♪

♪ ♪ >> eric: welcome back. now to a story we had been all over had we not been busy covering the tragic connecticut massacre. marine hammer held behind bars in a mexican jail for four months. he and a buddy were headed to mexico to hunt and fish. they brought a gun with him in a r.v. and hammer was told by the agent to declare the rifle to mexican agents, which he did. at that time, hammer was arrested. that was august. this is a u.s. marine, change to a bed in a mexican prison. disgusting. now listen to his parents. >> this is wrong. do the right thing.

he should be released mealy. she not a gun runner. you know it. >> eric: where is eric holder? he had zero problems to get guns to drug lords. madam secretary, and mr. holder, free this marine now. the least you can do. where are hillary and holder? >> bob: the suggestion that they are in a position to free them. the mexicans have to make that decision. keep in mind, we put all kind of pressure on the mexicans about their drug running. part of this is a pay back for mexicans. are they holding out to get a get back for what we have been doing to them with putting the heat on them about gun runnin running? a part. not right but not an issue of the united states government. >> eric: can i ask you we

have been putting on them about the gun running? >> we made a point for good reason. i'm not suggesting it's not. >> they have been at the gun running. some say enough is enough >> andrea: the administration barely -- >> eric: right now, right now, with the pen release and why doesn't he? bost got me. >> bob: this administration hasn't been talking about gun running. that is the problem. >> andrea: today, carney was asked about them. played dumb or maybe he didn't know. the state department knows about it. congresswoman appealing to secretary clinton to do something about this. is this the state department not talking? can you get together and connect before another american gets killed?

>> is it possible jay carney doesn't know who hammer is? or he is held in mexican prison? >> i suppose so. he said he didn't know anything about the case. that is possiblech one rule that i had is i better never get surprised at the podium by something that might come up. if i did, is there was h-e-double hockey sticks to pay. >> greg: did you do that? >> dana: i can't say the word on tv. mexican and united states government has to respect each other's laws. they should have been able to work this out. gun running, fast and furious is guns going that way, not our way. >> only eric holder bring it

in. >> greg: i was going to say the state department is nowhere to be found on benghazi. nowhere to be found on this. they duck more hits than a whackaball at the fair. what drives me nuts if you look at other countries, the prisons look bad. i wish other countrys feared our prisons like that. >> andrea: like gitmo? >> greg: why can't our prisons were less scary than their -- why can't your prisons be scarier than their prisons? >> bob: there are hundreds of americans in jail in mexico. this has got a high profile. don't think they want to punish him. >> eric: our president signed with his executive order to provide some form of amnesty.

$12 million or so. they can send the marine back. >> bob: have the conversation with the president of mexico. >> andrea: are you saying we don't have leverage? the first was with fox? >> bob: we have some leverage. >> i hope so. >> bob: this government does not care with what is going on with this guy is dead wrong. why is it held like that? my guess is a little bit of the mexicans doing payback. >> eric: we have to go. coming up, n.f.l. player charged with the texas code 4908, intoxication manslaughter after a crash killed his best friend was back on the field this weekend. should the n.f.l. and dallas boise let this happen? the debate coming up. ♪ ♪ new york and my

colleagues with "the five."

>> dana: welcome back. after being charged with intoxicating manslaughter of his teammate, he cheered on the team from the sidelines. after mounting pressure the cowboys announced today they won't allow him on the sideline in the game. this story caught my eye. on a flight on the way back, televisions watching the game. >> greg: must be nice. >> dana: not that nice. the commentators saying who is that? what is he des moines there was josh brent in his sweatpant patting the teammates on the back. was that bizarre? >> eric: i'm not sure the management knew he was doing

that. i guess that they would about want him to do that. i wouldn't want him there. you wait until he is convicted of things but in the meantime, look how he is dressed. >> dana: i was surprised he would have shown up anyway. personally, i would haven't done that. could you put on suit or dress up or something? >> greg: the least of the problem is what he is wearing. i love alcohol and cars but don't mix them. no jokes there. $400 people on the sideline. there are more people every game. they did not notice he was there. >> dana: the deceased's mother said she actually backed brent and said she wanted a teammate to show kindness. recognized it was an accident.

a bad decision that doesn't show there are consequences for your action. >> absolutely. i don't think the intentions were bad. but the cowboys should know about the controversy people on the sideline to give them bad headlines. remember when jessica simpson dated tony romo? they have been through this before. but i agree you have young kids in the audience with family watching the game. they know what happened. it makes it seem you can do this and be on the sideline. they said they are not going to let him on the sideline anymore. it's very smart. i don't think they did it maliciously, though. i understand they want to support him. but if it happened on our team it would be weird. would have could you not notice he was there? >> bob: how do you not notice? he has been in paper and the press. we know who he is. it was a terrible decision to have him there. this guy is responsible for death of one of the teammates.

may have been his best friend but he drank, got drunk, flipped a car over and teammate was killed. he needs rehabilitation up and go to jail. he should not going to sideline of the dallas cowboys game that shows me the cowboys are -- they're mismanaged. owned by a mismanaged owner. dyne you think it hurts the cowboys or water under the bridge? >> eric: this is less about what the players are thinking but every kid watching that game. took a car and killed his best friend but he is on the sideline. couldn't be that bad. can we point out that the dallas cowboys and one report says they didn't know he was going to be there. before you start indicting jerry jones and the management team, bob, make sure they were aware of that. >> bob: how do they not know in the bone owner's box d.

>> greg: he has a pass. >> bob: lift the pass. >> dana: out on bail. he got an ankle bracelet. bond condition he is not allowed to consume alcohol or drive. >> andrea: he made a bad decision with the first place. now he is making bad decisio decisions. >> dana: maybe he needs help. coming up, is your christmas dinner going include big macs, chicken mcnuggets and frys? that is what mcdonald's is hoping for. bob will explain that ahead. ♪

♪ ♪ ♪ ♪ >> bob: by the way, that is one of greg's favorite songs. "carol on the bells." we want christmas spirit on the show and hope to use that now. speaking of, which mcdonald's want all the restaurants open on christmas

day this year. that's right. after opening thanksgiving day and getting a big boost of revenue, hope after all the presents and eggnog that your family will get a craving for big mac. what do you think? you think is enterprise, have all the big macs you want on christmas day, easter, doesn't matter, rights? >> if you don't want to work, they don't to work. free market. free enterprise. >> bob: how do you know they don't have to work? >> eric: they won't work. christmas. >> bob: but they sent out a memo saying we want you to work because you had a good thanksgiving. >> eric: if it doesn't work out and no one shows up and line down the block, they won't do that. or pay people more. let the free market establish the price and the value. >> bob: what if somebody doesn't want to go to work -- >> andrea: don't go. >> eric: tell mcdonald's they can't open? >> bob: if an employee decides he doesn't want to work on christmas and store is open -- >> andrea: they get fired. that is the manager's position. >> bob: ho, ho, ho. >> andrea: i think it's genius.

boston you do? >> andrea: restaurants are the busiest on breakfast. do you know how many people will wake up christmas day, tired of being with the house and kids have been opening kids all day. they go to diners and restaurants and mcdonald's. get breakfast. maybe some people eat their big meal at 1:00 and they're hungry at 8:00 p.m. >> bob: you are saying this because you worked christmas day. >> andrea: it was the only day we were closed. 24 hours a day, 364 days. the only day. >> bob: dana, what do you think? too much? >> dana: no. people want to eat mcdonald's, that is great. in the opening you said revenue as if it was a bad word. i think it was -- i don't want to be hypocritical. i thought it wasn't necessary for shops to be open on thanksgiving. but i guess that worked out okay for people if they want to shop, they could. if you want to eat mcdonald's you can. i don't have any food in the house. might work out well for me. >> bob: what do you think?

eat ated? >> greg: absolutely. the jobs are important to people. not everybody can be obama's julia and not work. by the way, this would be a great promotional thing to bring back in the holidays, mcrib. they should call it the mcreindeer and have a reindeer with the side exposed for the reindeer ribs. >> dana: gross. >> greg: rapid mcdonald is a santa with a deep fryer and big lips. beautiful. >> bob: it's okay if someone doesn't want to show up, want to open presents with their kids and they don't want to work so they get fired? >> bob: there is probably enough people to get. >> dana: people in television work christmas day. >> dana: we're working. >> bob: i'm working on new year'newyear's eve and christma. >> bob: minimum wage, too. >> andrea: if they don't want to show up, there will be somebody else on the schedule to take the money. want to come. in >> dana: might want the shift. >> andrea: i don't think my dad could get anyone but his

own children there. wasn't enough of us. >> eric: vast majority of the mcdonald's restaurants are franchisese so they pay more. mcdonald's can say we suggest you open but they can't say, mandate they open. >> bob: do you know mcdonald's tested out restaurants and some of them, the drive-throughs you make the order and 7% mistakes. now they outsourced it to india. and when you put the order in, it goes to india and comes back to the people. >> greg: in india you can't eat cows. correct? >> bob: correct. unbelievable. the mistakes in orders fell. >> eric: are you trying toll me when i pull up to a mcdonald's, talk in a speaker it goes to india? >> bob: make a bet. >> eric: i call b.s. on this. i'll make a bet. >> bob: i'll bet you $1,000. >> eric: all mcdonald's? >> bob: i said 15

mcdonald's were trying it out. >> eric: i'm not paying that. sure. >> dana: you already shook. >> eric: try again. he changed it. >> bob: i didn't change the bet. >> eric: they move it -- >> bob: i said some restaurants are trying this out. >> greg: you know what is great for stocking stuffers, mcenacts or big macs. >> dana: the wool on the stocking -- >> greg: it's roughage. fiber. >> bob: have you ever had mcdonald's in a car? >> dana: nothing like when you come home -- >> greg: i love it. perfume for sad people like me. >> bob: exactly. one more thing is up next. ♪ ♪

>> greg: time now for one more thing. andrea, kick it off. >> andrea: last week, if you missed it thursday evening, "the five" featured on entertainment magazine program "entertainment tonight." >> the 5:00 hour on fox news channel, five anchors, five opinions. >> it made sense when it comes to the handing out freebies things. >> weekdays, greg gutfeld, andrea tantaros, eric bolling, dana perino, kimberly guilfoyle, and bob beckel are amongst the hosts to trade barbs on the topic of the day. >> went out with emotion here.

>> dana. >> bob is often the instigator. >> when were you married? one of the three marriages. >> greg provides comic relief. >> i want more bieber and more royalty. >> electric mix. >> fantastic. >> unscripted. >> most innovative show on television. >> andrea: bob can't follow directions. one word, robert. >> bob: wasn't that one snore >> more than that. thank you for featuring us. we appreciate it. >> greg: say something non-jasper related. >> dana: i'll talk about george w. bush then. he has been -- george h.w. bush is treated for complication from bronchitis and in a hospital in houston. doing better and by all account he is should be home for the holidays. one thing he loves is texas ames football. where his library is. and johnny manziel -- eric is telling me to call him "johnny

football" so i'm not sure if his name is johnny football. president bush got a signed football from him. and did heiseman. >> eric: would i lead you wrong? take a look at my favorite governor chris christie. my favorite governor. he got endorsement of labors international union of north america. dana pointed something important out. the "wall street journal" ran a story, corey booker thought to be his biggest challenger for governor of new jersey may look at the new jersey senate seat which would create governor christie to be governor of new jersey. >> greg: i was on a book tour this weekend going through texas, louisiana, oklahoma. bob, pooh. ist at barns and noble -- >> bob: what is the name of the book? >> greg: "joy of hate." the first group, family, waiting in line. look what they are wearing? the shirts there say "who

bushepushed the video?" >> dana: they did it in green so you stand out and pay attention to then. >> greg: look how good in shape i look there. but anyway, they give me shirts one more bobbism don't think -- >> dana: were you out on bail? >> greg: no gondolier guy. >> bob: gondolier in >> greg: i don't know what i'm saying. i'm tired. >> bob: that is because you have been selling the book so much. tire thing. miff one more thing is a guy named timothy thompson gets out of jail in indiana and rushing off to get to a wedding. driving 100 miles per hour doing the highway. the cop goes after him, and he pulls in a church, does doughnuts, almost tips the car over, gets down, arrested. no wedding. back in jail. not a smart move. not at all. >> greg: or maybe a great move because he didn't get married. >> bob: that is a thought. it hadn't thought of that. i should have.